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Anukur Roy @ Buro Roy & Ors vs Unknown on 2 September, 2019

1

71 02.09.2019
rkd Ct. No.28 C.R.M. 7620 of 2019
(Allowed)

In Re: – An application for anticipatory bail under Section 438 of
the Code of Criminal Procedure filed on 20/08/2019 in
connection with Haringhata P.S. Case No. 247 of 2019 dated
11/07/2019 under Sections 498A/Section326/Section307/Section34/Section304B of the
Indian Penal Code and under Section 4 of the D.P. Act.

And

In the matter of: Anukur Roy @ Buro Roy Ors.

….petitioners.

Ms. M. Gomes
…for the petitioners.

Mr. R. Nandy
…for the State.

It is submitted on behalf of the petitioners that they are the in-

laws of the victim housewife and did not play any role in the

matrimonial life of the couple who stayed separately. It is further

submitted that oral dying declaration of the victim to the defacto

complainant implicates the husband and not the petitioners. Husband

of the victim is in custody.

Learned counsel appearing on behalf of the State opposes the

prayer for anticipatory bail.

Having considered the materials on record and bearing in mind

the extent of complicity of the petitioners in the alleged crime and as

the principal accused i.e. the husband is in custody, we are inclined to

grant anticipatory bail to the petitioners.

In the event of arrest, the petitioners shall be released on bail

upon furnishing a Bond of Rs. 10,000/- each with two sureties of like

amount each to the satisfaction of the Arresting Officer and also be

subject to the conditions as laid down under Section 438(2) of the Code

of Criminal Procedure, 1973 and on further condition that they shall

appear before the court below and pray for regular bail within four

weeks from date.

The application for anticipatory bail is, thus, disposed of.

(Jay Sengupta, J.) (Joymalya Bagchi, J.)

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